Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for past temporary total disability benefits from February 4 to March 25, 2004, despite finding the ALJ's reasoning required supplementation. The employee's shoulder and neck injury claim was supported by medical evidence, but the denial of TTD benefits was upheld as the employer's refusal to allow return to work was not deemed grounds for compensation during the disputed period.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Ronald Armstrong for his alleged right shoulder injury. The Commission found that Armstrong failed to prove he sustained a compensable accident or that any accident was the prevailing factor in causing his shoulder problems.

The Commission affirmed the ALJ's denial of workers' compensation benefits for a claimed rotator cuff injury, finding no accident occurred and that medical evidence failed to establish the work incident as the prevailing factor in causing the injury. The employee's claim for temporary total disability benefits was also denied.

The Commission reversed the Administrative Law Judge's award that found the employee sustained both an accident and occupational disease injury to her right shoulder, determining instead that only the accident on April 13, 2009 was the prevailing factor causing her compensable injury. The Commission denied compensation for the claimed occupational disease and found the employee's right shoulder disability resulted from the accident injury, not repetitive work exposure.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Nichols for a shoulder injury sustained on May 29, 2009, while shifting gears in his truck. The claimant was awarded 5% permanent partial disability to the right shoulder, totaling $4,330.63 in compensation.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to prove he sustained an accident or occupational disease arising out of and in the course of his employment. The employee's claim for a 2005 left shoulder injury was rejected despite testimony from the employee and his physician regarding work-related aggravation.

The LIRC affirmed the administrative law judge's award of enhanced permanent partial disability benefits from the Second Injury Fund for a compensable shoulder injury but modified the enhancement factor from 15% to 10% as stipulated by the parties. The Second Injury Fund was ordered to pay $6,248.23 in enhanced permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis McBee's right shoulder injury sustained on May 22, 2009, finding that actual notice to the employer through the supervisor satisfied the notice requirements despite lack of formal written notice. The employer was not prejudiced by the failure to provide statutory written notice within 30 days, as it received timely actual notice and was able to investigate and arrange medical treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for David Trimmer's left shoulder injury sustained on September 9, 2003, while lifting heavy batteries at his workplace. The award includes unpaid medical expenses of $3,307.95 and is designated as temporary or partial, with proceedings kept open for final determination.

The Commission affirmed the ALJ's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to provide evidence that his preexisting right shoulder disability combined with the primary injury to result in greater overall disability than would have resulted from the primary injury alone.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Walter Braggs' left shoulder injury sustained on May 18, 2007, while pulling himself onto a sweeper at work. The claimant was awarded permanent total disability benefits from the Second Injury Fund at a weekly rate of $361.94 for life, with the employer's settlement approved.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Banaszek for a left upper extremity injury sustained on July 3, 2006, while slipping in oil and falling while moving concrete forms. The employee was awarded permanent partial disability benefits (60% left shoulder, 25% left elbow, 5% body as whole) and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting temporary or partial workers' compensation benefits to Donald Crooks for a left shoulder and upper arm injury sustained on December 9, 2008. The injury was found to be compensable and arose out of and in the course of his employment at Town & Country Butcher Shop Inc.

The Commission affirmed the administrative law judge's decision denying compensation to employee Arsenio Arciga for shoulder injuries allegedly sustained on February 23, 2010, while assisting a coworker. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission modified the ALJ's award, allowing compensation for a November 22, 2002 work-related left shoulder injury (adhesive capsulitis) that resulted in permanent partial disability. The case involved determination of disability ratings and Second Injury Fund liability when combined with a preexisting June 1999 back injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Melody Hannon's right shoulder injury caused by repetitively lifting motors at Regal Beloit Corporation. The claimant was awarded 46.40 weeks of permanent partial disability compensation, 27 weeks of temporary total disability, and $22,775.96 in unpaid medical bills.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving an employee's claimed fall from a ladder resulting in a right arm injury requiring surgery. This is a temporary or partial award with proceedings remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Vann for a left shoulder injury sustained on February 1, 2007, while attempting to close an overhead door at work. The employee was found to have 23.7% permanent disability and is entitled to ongoing weekly compensation benefits of $348.29 for life, with additional support from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kent Spies' left shoulder injury sustained on November 9, 2006, while adjusting cardboard stacks at work. The employee was awarded compensation for temporary total disability, permanent partial disability (30%), unpaid medical expenses, and travel costs, with the Second Injury Fund bearing partial liability.

The Commission affirmed the administrative law judge's denial of compensation for Donna Moorman's claimed left shoulder injury from repetitive work as a bottle washer and packaging department employee. The employee failed to prove that her left shoulder condition arose out of her employment and that her work was the prevailing factor in causing her disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Doran for a claimed shoulder injury and depression, finding he failed to prove the requisite causal connection between his work and the injuries. The Commission found Dr. Haupt's orthopedic surgery opinion more credible than Dr. Volarich's opinion, noting that Dr. Volarich was misled regarding the employee's use of a slide hammer tool and lacked detailed knowledge of the actual work mechanics involved.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Elaine Hilgar Milson's right shoulder injury sustained on January 29, 2007, when she pushed open a school bus door. The claimant was awarded 30% permanent partial disability against the employer and permanent total disability benefits from the Second Injury Fund payable for her lifetime at $267.94 weekly.

The Commission reversed the administrative law judge's temporary award and denied compensation, finding that the employee failed to establish he sustained a work accident on September 30, 2006, due to inconsistent and non-credible testimony. The employee's account of a portable toilet falling and pinning him was contradicted by all other witnesses and prior deposition testimony.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nora J. Wigger for an alleged right shoulder injury sustained while picking weeds. The injury was found not to have arisen out of and in the course of employment under Missouri workers' compensation law.